Civil Law Regulation Of One House And Two Sales

Based on the theory of property law and creditor's rights law,this paper attempts to analyze how to balance the interests of both parties and how to regulate the behaviors of both parties by taking "one house,two sales" as the main body of the study,taking qualitative analysis as the means and combining theory with practice reasonably.This paper is divided into several parts:In the first part,the author simply narrates the basic characteristics and the actual situation of the behavior of "one house,two sales",starts with the concept and characteristics of "one house,two sales",and simply analyzes its subject,object and behavior characteristics.So as to reveal the legal and practical significance of this study.Secondly,it aims at the concrete manifestation of "one house,two sales" in reality.Finally,through the analysis,we get the realistic reasons for the existence of "one house,two sales",mainly because the rising price of housing leads to the huge interest space of "one house,two sales",the imperfection of national macro-control,and the unequal transaction information between the buyer and the seller.The second part analyzes the phenomenon of "one house,two sales" from the perspective of contract law and property law.In the third part,by comparing the different modes adopted by civil law of different countries,namely formalism and intentionalism,formalism can be divided into creditor's rights formalism and real right formalism.In the end,the reasons for the change of real right in the form of creditor's rights are discussed,and the houses are divided into pre-sale commercial houses and ordinary second-hand houses.Combined with relevant laws and regulations,the behavior of "one house,two sales" is analyzed.The fourth part,according to the different situation of the pre-sale commercial housing and the second-hand housing,carries on the concrete analysis separately.The fifth part,first of all,analyzes the legal status of the parties and the different subjective states of the buyer;secondly,it expounds the influence of the different subjective states of the buyer on the behavior of "one house,two sales" and protects the rights of the buyer successively.Finally,in view of the causes of the problem of "one house,two sales" and the inadequacies of legal regulations,the paper puts forward relevant suggestions.